2010 New York Code
GBS - General Business
Article 25 - (380 - 380-U) FAIR CREDIT REPORTING ACT
380-J - Prohibited information.

§  380-j.  Prohibited  information.  (a)  No consumer reporting agency
  shall report or maintain in the file on a consumer, information:
    (1) relative to an arrest or a criminal charge unless there has been a
  criminal conviction for such offense, or unless such charges  are  still
  pending,
    (2) relative to a consumer's race, religion, color, ancestry or ethnic
  origin, or
    (3) which it has reason to know is inaccurate.
    (b) Notwithstanding the provisions of paragraph one of subdivision (a)
  of  this  section,  a  consumer  reporting agency may collect, evaluate,
  prepare, use or  report  information  relative  to  a  detention  of  an
  individual by a retail mercantile establishment, provided that:
    (1) the individual has executed an uncoerced admission of wrongdoing;
    (2) with respect to a detention made on or after the effective date of
  this   article   the  retail  mercantile  establishment  has,  prior  to
  transmitting to a consumer reporting agency information concerning  such
  detention, delivered to the individual a written notice containing:
    (i)  a  statement  that the information may be furnished to a consumer
  reporting agency, and that such information may be reported to a  retail
  mercantile establishment for employment purposes,
    (ii)  a  statement  that  the individual may request disclosure by the
  consumer reporting agency of information in the agency's  file  on  such
  individual,  and  that  the completeness or accuracy of such information
  may be disputed by the individual, and
    (iii) the name and address of such consumer reporting agency; and
    (3) the user of such information certifies to the  consumer  reporting
  agency  that  such  information  will  be  used  only in connection with
  employment purposes.
    (c) In the event that a criminal charge is  filed  subsequent  to  the
  detention  described in subdivision (b) of this section, the disposition
  of such charge shall be recorded by the consumer reporting agency in the
  file on such individual upon the request of such individual and upon his
  furnishing proof of such disposition.
    (d) No consumer reporting agency shall issue a consumer  report  which
  lists  a person as having been denied credit if the sole reason for such
  denial is lack of sufficient information to  grant  credit,  unless  the
  report states that the denial was for such reason.
    (e)  Consumer  reporting agencies shall maintain reasonable procedures
  designed  to  assure  maximum  possible  accuracy  of  the   information
  concerning the individual about whom the report relates.
    (f)  (1) Except as authorized under paragraph two of this subdivision,
  no consumer reporting agency may make any consumer report containing any
  of the following items of information.   (i)  bankruptcies  which,  from
  date  of adjudication of the most recent bankruptcy, antedate the report
  by more than fourteen years;
    (ii) judgements which, from date of entry, antedate the report by more
  than seven years or until  the  governing  statute  of  limitations  has
  expired,  whichever  is the longer period; or judgments which, from date
  of entry, having been satisfied within a  five  year  period  from  such
  entry date, shall be removed from the report five years after such entry
  date;
    (iii)  paid tax liens which, from date of payment, antedate the report
  by more than seven years or, a  paid,  satisfied  or  vacated  tax  lien
  involving a purchaser, transferee or assignee in a bulk sale transaction
  who  has  been deemed liable by the state tax commission for sales taxes
  due from a seller, transferrer or  assignor  under  subdivision  (c)  of
  section  eleven hundred forty-one of the tax law, where the receipt by a
  credit reporting agency from such purchaser, transferee or assignee of a

notice, or true copy thereof, from the  state  tax  commission  to  such
  purchaser,  transferee  or  assignee  that his liability has been wholly
  paid or satisfied or no longer exists, antedates the report by more than
  thirty days;
    (iv)  accounts  placed  for  collection  or charged to profit and loss
  which antedate the report by more than seven years; or  accounts  placed
  for  collection  or charged to profit and loss, which have been paid and
  which antedate the report by more than five years;
    (v) records of conviction of crime which, from  date  of  disposition,
  release, or parole, antedate the report by more than seven years;
    (vi)  information regarding drug or alcoholic addiction where the last
  reported incident relating to  such  addiction  antedates  the  consumer
  report or investigative consumer report by more than seven years;
    (vii) information relating to past confinement in a mental institution
  where  the  date  of  last confinement antedates the report by more than
  seven years; or
    (viii) any other adverse information which  antedates  the  report  by
  more than seven years.
    (2) The provisions of this subdivision shall not apply to:
    (i)  a  credit  transaction  involving,  or  which  may  reasonably be
  expected to involve, a principal amount of  fifty  thousand  dollars  or
  more;
    (ii)  the  underwriting  of  life  insurance  involving,  or which may
  reasonably be expected to involve,  a  face  amount  of  fifty  thousand
  dollars or more; or
    (iii)  the  employment  of  any  individual  at an annual salary which
  equals, or  which  may  reasonably  be  expected  to  equal  twenty-five
  thousand dollars, or more.
    (g)  No  consumer reporting agency shall collect, evaluate, report, or
  maintain in the file on a  consumer  any  results,  opinions,  analyses,
  transcripts  or  information  of  any  nature concerning, related to, or
  derived from a polygraph examination, an examination by  any  device  or
  instrument  of  any  type  used  to test or question individuals for the
  purpose of detecting deception,  verifying  truthfulness,  or  measuring
  deceptive   tendencies,   or  the  questioning  or  interviewing  of  an
  individual by the examiner prior to or after such an examination.

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